Archive: July 2023
July 27, 2023
Dealing with legal issues within a family can be a particularly stressful experience as it involves navigating sensitive personal dynamics. Family law in Florida encompasses a vast array of legal matters that affect relationships between family members. Whether you’re facing a divorce, settling child custody disputes, determining alimony, or addressing other concerns related to family law, having a comprehensive understanding of Florida family law is essential to make informed decisions in these situations.
That’s where our top Jacksonville attorneys at Dorsey Law Jax come in. Our professional and compassionate approach ensures that we provide the needed guidance on crucial matters in family law, helping you and your family navigate through challenging times.
In this comprehensive guide, we’ll discuss some of the most common areas of Florida family law, and provide insightful and expert advice from our top Jacksonville attorneys at Dorsey Law Jax.
1. Navigating Divorce in Florida
Divorce, or the dissolution of marriage, is among the most frequently encountered family law issues. Florida is a no-fault divorce state, which means either spouse can file for divorce without showing that the other spouse is responsible for the marriage breakdown. Two primary types of divorces — contested and uncontested — can be pursued in Florida, and understanding the differences between them is essential.
A. Contested vs. Uncontested Divorce
In a contested divorce, the spouses cannot agree on one or more terms of the divorce settlement, such as asset and property division, child custody, or alimony. These cases can become adversarial and may require litigation in a court of law. Conversely, an uncontested divorce occurs when both spouses agree on all terms of the divorce settlement. Uncontested divorces are typically quicker and less expensive than contested divorces.
B. Asset and Property Division
Under Florida law, marital assets and property are distributed equitably rather than on a strict 50-50 basis. Factors such as each spouse’s earning capacity, contributions to the marriage, and the length of the marriage will be considered when dividing assets and property.
2. Child Custody and Child Support
Child custody and support arrangements ensure that both parents continue to play essential roles in their child’s life following a divorce, and that financial needs are met. In Florida, child custody is referred to as “time-sharing” and “parental responsibility.”
A. Time-Sharing and Parental Responsibility
Time-sharing refers to how much time each parent spends with the child, while parental responsibility pertains to the decision-making authority parents have over their child’s upbringing.
Courts weigh many factors when determining time-sharing and parental responsibility, including each parent’s ability to provide a stable environment, their willingness to cooperate with one another, and the child’s preference, depending on their age and maturity.
B. Child Support Determinations
In Florida, child support is calculated using a statutory formula that factors in both parents’ incomes, the percentage of time-sharing allocated to each parent, and the expenses associated with raising the child. Courts may vary from the formula in certain circumstances, such as if a child has special needs that require additional financial support.
3. Alimony Payments
Alimony, or spousal support, involves one spouse providing financial assistance to the other following a divorce. Alimony can be temporary or permanent, and its duration and amount are determined based on factors like the length of the marriage, the financial resources of each spouse, and the marital standard of living.
A. Types of Alimony in Florida
Florida recognizes several types of alimony, including:
- Bridge-the-gap: Short-term financial support to help one spouse transition from married to single life. Duration cannot exceed two years.
- Rehabilitative: Assists one spouse in acquiring the necessary education, training, or work experience to become self-supporting.
- Durational: Financial support provided for a set period, typically not exceeding the length of the marriage.
- Permanent: Ongoing financial support intended to maintain the recipient spouse’s standard of living established during the marriage.
4. Domestic Violence and Legal Protection
Domestic violence is a pervasive and serious problem that can have significant impacts on family law matters. Florida law offers protection for victims through injunctions or restraining orders in addition to strict criminal punishment for perpetrators.
A. Impact on Child Custody
In cases where domestic violence is present, the courts prioritize the safety and best interests of the child when determining time-sharing and parental responsibility. A judge may deny or limit time-sharing for a parent found guilty of domestic violence or impose supervised visitation.
B. Restraining Orders
Victims of domestic violence can obtain an injunction, or restraining order, to protect themselves from their abuser. Injunctions may direct the abuser to have no contact with the victim, vacate a shared residence, or surrender firearms.
Solve Florida Family Law Issues with Dorsey Law
Family law issues such as divorce, child custody, alimony, and domestic violence protection can be complex and emotionally charged. Consequently, having a comprehensive understanding of Florida family law is vital to making informed decisions and navigating these challenges effectively.
At Dorsey Law JAX, our top Jacksonville family law attorneys are committed to providing expert advice and compassionate representation throughout your family law journey. Reach out to us today to learn how we can support you and your family — because everyone deserves the best legal representation, especially when it matters most.
July 6, 2023
Divorce is a challenging and often traumatic process that can be emotionally and financially draining. But beyond the emotional turmoil, there is also the reality of tax implications that come with divorce.
Since taxes are a crucial part of our lives, understanding the tax implications of divorce is essential to avoid any legal issues or penalties.
This article will provide some tax tips for divorcees, focusing on key considerations when filing taxes in Florida.
Filing Status
The first thing to consider when filing taxes after divorce is your filing status. Your marital status as of December 31 determines your tax status for the entire year.
If your divorce was finalized on or before December 31, you may file as a single taxpayer. If you were still legally married on December 31, you may file as a married person, either jointly or separately.
Filing jointly can be advantageous, as it may result in lower taxes, but it requires cooperation and agreement between both former spouses. It also means that both parties are liable for any tax debts or penalties.
If you cannot agree to file jointly, you must file separately. Filing separately may result in higher taxes, but it also relieves one spouse of any responsibility for the other’s tax liabilities.
Alimony
Alimony is a payment made by one spouse to the other after divorce to provide financial support. Alimony is tax-deductible for the payer and taxable income for the recipient.
The tax treatment of alimony depends on the divorce agreement or court order. To be considered alimony for tax purposes, the payment must meet certain requirements, such as the following:
- The payment must be in cash or check, not in property or services.
- The payment must be made under a written agreement or court order.
- The payment must end upon the recipient’s death.
- The spouses cannot live together when the payment is made.
Child Support
Child support is another type of payment made after divorce, but it is not tax-deductible for the payer or taxable income for the recipient. Child support is intended to provide for the needs of the children and is not considered income for tax purposes.
Therefore, the parent who receives child support does not have to report it as income, and the paying parent cannot deduct it from their taxes.
Dependency Exemptions
Dependency exemptions are tax deductions that parents can claim for their children, which reduce their taxable income. In the case of divorced parents, only one parent can claim the child as a dependent in a given tax year.
Usually, the parent who has physical custody of the child for the majority of the year claims the dependency exemption. However, the parents can agree or a court order otherwise.
The IRS has specific rules to determine who can claim the dependency exemption, such as the following:
- The child must be under 19 or a full-time student under 24.
- The child must live with the parent for more than half of the year.
- The child must not provide more than half of their own support.Â
Property Division
During divorce, the division of property can have tax implications. For example, the transfer of property between spouses is generally not subject to income tax. However, if the transfer is part of a divorce agreement, it may be subject to capital gains tax.
Capital gains tax is the tax on the profit from the sale of an asset. If the transferred property increases in value, the receiving spouse may have to pay capital gains tax when they sell it.
The tax implications of property division can be complex, so it is advisable to consult a tax professional or attorney.
Retirement Accounts
Retirement accounts, such as 401(k)s or IRAs, are subject to specific tax rules when dividing them in a divorce. If the retirement account is divided as part of a divorce agreement, the receiving spouse may have to pay taxes when they withdraw the funds.
The tax treatment of retirement accounts depends on the type of account, the age of the account holder, and the length of the marriage. It is essential to consult a tax professional or financial advisor to avoid any unintended tax consequences.
Conclusion
Divorce is a life-changing event that can affect many aspects of your life, including taxes. Understanding the tax implications of divorce is crucial to avoid any legal issues or penalties.
Seeking professional advice from a tax professional or attorney can help you navigate these complex tax issues and ensure that you file your taxes correctly.
Turn to Dorsey Law JAX for top-tier legal representation in family law in Florida. Our attorneys in Jacksonville specialize in family law, criminal law, and personal injury cases.
Whether you’re dealing with a complex divorce or child custody dispute, we’re here to provide you with compassionate and effective legal solutions. Contact us today to learn more!
July 6, 2023
Going through a divorce is a difficult time for anyone. It can be emotionally and financially draining, and navigating the legal system can be overwhelming. While some people choose to represent themselves in a divorce case, it is often wise to seek the advice and guidance of a divorce lawyer. Here are eight signs that you should hire a divorce lawyer:
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Your Spouse Has Hired a Lawyer
If your spouse has hired a lawyer, you must do the same. Even if you think your divorce will be amicable, having a lawyer on your side can help protect your rights and ensure a fair settlement. Your spouse’s lawyer will look out for their interests, and you need someone to look out for yours.
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Your Divorce Is Complicated
You should hire a divorce lawyer if your divorce involves complex financial issues, such as high net worth assets, business interests, or multiple properties. A lawyer can help you navigate these issues and ensure that your financial interests are protected. They can also help you negotiate a settlement that is fair and equitable.
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You Are Unsure of Your Rights
Divorce laws can be complex, and it can be challenging to understand your rights and obligations. A divorce lawyer can help you understand your legal rights and obligations. They can also help you understand the potential outcomes of your case and advise you on what to expect.
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Your Spouse Is Being Unreasonable
If your spouse is being unreasonable or difficult to deal with, it may be time to hire a divorce lawyer. A lawyer can help you negotiate with your spouse and their lawyer and ensure that your interests are protected. They can also help you navigate any legal issues during the divorce process.
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You Have Been a Victim of Domestic Abuse
If you have been a victim of domestic abuse, it is essential to hire a divorce lawyer. A lawyer can help you obtain a protective order and ensure your safety during a divorce. They can also help you negotiate a fair and equitable settlement, even if your spouse is difficult.
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Your Spouse Is Hiding Assets
If you suspect your spouse is hiding assets, it is essential to hire a divorce lawyer. A lawyer can help you uncover hidden assets and ensure they are included in the settlement. They can also help you negotiate a fair and equitable settlement, even if your spouse is dishonest.
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You Have Children
If you have children, it is essential to hire a divorce lawyer. A lawyer can help you negotiate a custody agreement that is in the best interests of your children. They can also help you negotiate child support and ensure your children are financially supported.
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You Want to Protect Your Future
If you want to protect your future after your divorce, it is essential to hire a divorce lawyer. A lawyer can help you negotiate a settlement that protects your financial interests and ensures that you are cared for after the divorce. They can also help you navigate any legal issues that arise after the divorce is final.
Conclusion
A divorce can be a complicated and overwhelming experience. While some people choose to represent themselves in a divorce case, it is often wise to seek the advice and guidance of a divorce lawyer. After all, a lawyer can help you navigate the legal system, protect your rights, and ensure a fair settlement.
If you’re going through a divorce, don’t go it alone. Our experienced divorce lawyers at Dorsey Law JAX are here to guide you through the process and protect your interests. Our attorneys specialize in family law, criminal law, and personal injury. With our help, you can confidently navigate the legal system and get the best possible outcome for you and your family. Contact us now to schedule a consultation and get started.
July 6, 2023
Divorce is an emotionally challenging and complex process that requires the expertise of a skilled divorce lawyer. As you navigate the world of family law, your attorney will need to gather information about your situation to best represent your interests.
To help you prepare for your initial consultation and better understand what to expect, here are the top 5 crucial questions a divorce lawyer will likely ask you during your first meeting.
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What is the Reason for the Divorce
While many states now have no-fault divorce laws, meaning you don’t need to prove any wrongdoing on the part of your spouse, it’s still essential for your divorce lawyer to understand the circumstances surrounding your separation. This can help them develop a strategy that best suits your needs and goals. Some common reasons for divorce include infidelity, financial issues, abuse, and irreconcilable differences. Be prepared to discuss the specific factors that led to the decision to end your marriage.
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Do You Have Children, and What Are Your Custody Goals
One of the most critical aspects of family law is determining custody arrangements for any children involved. Your divorce lawyer will need to know the number of children you have, their ages, and any special needs they may have. It’s also essential to discuss your goals for custody, such as whether you want sole custody, joint custody, or a different arrangement.
Keep in mind that the court will always prioritize the best interests of the children when making custody decisions, so it’s essential to be honest and realistic about your expectations. Your lawyer can help guide you through the process and advocate for an outcome that benefits both you and your children.
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What Assets and Debts Need to Be Divided
In a divorce, the division of assets and debts is often a contentious issue. Your lawyer will need to know about all your marital assets, including property, bank accounts, investments, retirement accounts, and personal belongings. It’s also crucial to disclose any debts you and your spouse have, such as mortgages, credit card debt, and loans.
Both assets and debts will need to be divided equitably, which doesn’t always mean a 50/50 split. Factors such as the length of the marriage, each spouse’s income, and the need for financial support can influence the division of assets and debts. Be prepared to provide documentation of your financial situation to help your lawyer build a strong case for a fair distribution of assets and liabilities.
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Are You Seeking Spousal Support or Alimony
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other during or after a divorce. It’s designed to help the lower-earning spouse maintain a reasonable standard of living and transition to being financially independent. Your divorce lawyer will want to know if you’re seeking spousal support and, if so, what amount and duration you believe is appropriate.
Factors that can influence spousal support decisions include the length of the marriage, the earning capacity of each spouse, and the marital standard of living. Your lawyer can help you determine if spousal support is warranted in your case and advocate for a fair outcome.
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Do You Have Any Concerns About Your Safety or the Safety of Your Children
If you or your children are at risk of harm from your spouse, it’s crucial to inform your divorce lawyer immediately. They can help you take the necessary steps to protect yourself and your children, such as obtaining a restraining order or seeking an emergency custody order. Your safety and well-being are of the utmost importance, so don’t hesitate to disclose any concerns you may have.
Conclusion
Facing a divorce can be overwhelming, but having a knowledgeable and experienced divorce lawyer on your side can make the process more manageable. By preparing for these crucial questions, you’ll be better equipped to work with your attorney to achieve the best possible outcome for your situation. Remember, honesty and open communication with your divorce lawyer is key to building a strong case and protecting your interests.
Looking for a trustworthy divorce lawyer? Then look no further than Dorsey Law JAX. Our divorce lawyers are well-versed in all aspects of divorce and are dedicated to providing them with the highest level of legal representation. Let us guide you through this challenging time. Contact us today to schedule an appointment!
July 6, 2023
When a child’s parents cannot care for them, it can be difficult and painful for everyone involved. In Florida, there are two primary legal options for providing care for children in these situations: custody by extended family members and guardianship. Both options have unique benefits and drawbacks, and it’s essential to understand their differences before making any decisions.
Custody by Extended Family Members
Custody by extended family members is a legal option in Florida that allows a relative of the child to take over care and custody of the child. This can be a grandparent, aunt, uncle, or other close family member.
Moreover, custody by extended family members is typically used when the child’s parents are still alive but cannot provide adequate care for the child due to issues such as substance abuse, mental illness, or incarceration.
To obtain custody by extended family members, the relative must petition the court to demonstrate that they can provide the child with a safe and stable home. The court will consider several factors when determining custody, including the child’s best interests.
One of the primary benefits of custody by extended family members is that it allows the child to remain within their extended family network, which can help to minimize disruption and trauma for the child.
Additionally, custody by extended family members typically results in less involvement from the state than guardianship, which can benefit families who wish to maintain more control over the child’s care.
However, custody by extended family members does have some drawbacks. For one, it does not provide the same level of legal authority as guardianship. Custody by extended family members only grants the relative the right to make decisions regarding the child’s care and custody. Still, it does not allow them to make decisions regarding the child’s education, medical care, or other vital matters.
Custody by Guardianship
Guardianship is another legal option for providing care for children in Florida. Guardianship is typically used when the child’s parents are deceased or cannot provide adequate care due to substance abuse, mental illness, or incarceration.
To obtain guardianship, the potential guardian must submit a petition to the court, demonstrating that they can offer the child a secure and stable home. When determining guardianship, the court will consider several factors, including the child’s welfare.
One of the primary benefits of guardianship is that it provides the guardian with a greater level of legal authority than custody by extended family members. A guardian can make decisions regarding the child’s care, custody, education, medical care, and other essential matters. This can be particularly important when the child requires specialized medical care or educational services.
However, guardianship also has some drawbacks. One potential drawback is that it can be a more involved and complex legal process than custody by extended family members. Guardianship typically requires more court involvement, and the guardian may be required to submit regular reports to the court regarding the child’s well-being.
Additionally, guardianship may result in more involvement from the state than custody by extended family members. This can be a benefit in some situations, as the state may be able to provide additional resources and support for the child. However, it can also be a drawback for families who wish to maintain more control over their child’s care.
Which Option Is Right for You?
Deciding between custody by extended family members and guardianship can be difficult. Ultimately, the decision will depend on the specific circumstances of your situation and what is in the child’s best interests.
If the child’s parents are still alive and you wish to maintain more control over the child’s care, custody by extended family members may be the best option. This can allow the child to remain within their extended family network and result in less involvement from the state.
Guardianship may be the best option if the child’s parents are deceased or unable to provide adequate care. This can give the guardian greater legal authority and can be particularly important when the child requires specialized medical care or educational services.
It’s important to remember that custody by extended family members and guardianship are legal options that provide children with a safe and stable home. By working with an experienced family law attorney, you can determine which option is best for your situation and ensure that the child’s best interests are protected.
Conclusion
Family law custody in Florida is a complex process, and ensuring you have suitable representation to protect your rights and secure the best possible outcome for you and your children is crucial. Hiring a family lawyer can help you understand your options and navigate the legal process safely and effectively. Ultimately, hiring a family lawyer can provide peace of mind, knowing that your case is in the hands of an experienced professional.
Dorsey Law JAX has a team of experienced family lawyers in Jacksonville who guide you through the process and protect you and your children’s interests. Our attorneys specialize in family law, criminal law, and personal injury, and we are equipped to handle any challenges that may arise during custody. Contact us now to schedule a consultation and take the first step toward a positive outcome for you and your family.
